General Terms and Conditions

Article I.
Introductory Provisions

1. These General Terms and Conditions are valid for the Seller's online shop, which is operated on the website located at www.revolutioncycles.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
2. The operator and owner of the website www.revolutioncycles.cz is the company Bike Park s.r.o., ID: 28175697, with registered office at Dobřejovická 326, 252 43 PRŮHONICE. The company is registered in the Commercial Register kept at the Municipal Court in Prague, file C 130715 (hereinafter referred to as "Bike Park s.r.o." or also "Seller"). All property rights in relation to this website are entitled to be exercised only by Bike Park s.r.o. in accordance with the Copyright Act 121/2000 Coll. Any storage, modification and distribution of this website is only possible with the consent of Bike Park s.r.o. 
3. Access to and use of the revolutioncycles.cz website is free of charge, visitors use the website at their own risk. Bike Park s.r.o. assumes no responsibility for the safe use and uninterrupted access to this website.
4. The General Terms and Conditions of Business govern the rights and obligations of the Seller and the Buyer, who is either a consumer or an entrepreneur (consumer or entrepreneur hereinafter referred to as "Buyer"). A consumer is anyone who enters into a contractual relationship with the Seller outside the scope of their business activity or outside the scope of their independent exercise of their profession. An entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility, by trade or otherwise, for profit. The Terms and Conditions are accessible to everyone on the website.
5. All contractual relations between the Seller and the Buyer shall be governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"). 
6. The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract shall be borne by the Buyer himself (internet connection, telephone calls). The Seller does not conclude contracts by means of distance communication which are subject to repeated performance. 

Article II. 
Purchase Agreement

1. If the Buyer is a consumer, the proposal for the conclusion of the purchase contract is the placement of the offered goods by the Seller on the revolutioncycles.cz website, with the understanding that the purchase contract arises upon the sending of the order by the Buyer and the acceptance of the order by the Seller. The acceptance of the order shall be immediately confirmed by the Seller to the Buyer by means of an e-mail message sent to the e-mail address indicated by the Buyer. The confirmation e-mail does not affect the conclusion of the purchase contract. The order of goods shall be made through the web interface located on the website www.revolutioncycles.cz with the completion of all the requirements specified therein. Before sending the order of goods to the Seller, the Buyer can change the data he has entered in the order, such as the quantity of goods, the shipping, as well as the method of payment. If the Buyer is not a consumer, the order sent by the Buyer is the proposal for the conclusion of the purchase contract, with the conclusion of the purchase contract occurring upon delivery of a confirmation e-mail message to the e-mail address indicated by the Buyer. The Purchase Contract is concluded in the Czech language.
2. All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732(2) of the German Civil Code do not apply. 
3. The e-mail message confirming the Buyer's order always includes the current valid version of these General Terms and Conditions. 
4. The order of goods is made through the web interface of the shop located on the website revolutioncycles.cz with the completion of all the requirements listed there. Before sending the order of goods to the seller, the buyer can change the data he has entered in the order, such as the quantity of goods, shipping, as well as the method of payment. 
5. The conclusion of a purchase contract without negotiating all the requirements of the NCC is excluded in accordance with the provisions of § 1726 of the NCC. The Seller furthermore excludes the acceptance of an offer with an amendment or deviation in accordance with the provisions of § 1740 paragraph 3 of the NTC. 
6. An order that does not contain all the required elements, or does not meet the elements specified in these General Terms and Conditions, or is in conflict with them and has not been completed or corrected even after a request made by the Seller, shall be considered as an order that has not been made.  
7. By submitting an order, the Buyer confirms that he/she has read these General Terms and Conditions before submitting the order and that he/she agrees with them in the version valid and effective at the moment of submitting the order. 

Article III. 
Transportation of Goods, Time Limits for Delivery of Goods, Place of Delivery

1. The possible method of transport of the goods depends on the nature of the goods and is always given as a choice and indicated in the type of goods offered. The goods ordered by the Buyer may be transported by PPL, by a postal service operator, or may be destined due to its nature only for pick-up at the Seller's premises at Dobřejovická 326, 252 43 PRŮHONICE. The price of transport is governed by the current price list of transport on the day of ordering the goods. The Buyer is always informed of the shipping price before the order is placed. The cost of delivery of the goods varies according to the chosen method and transport provider.
2. The deadline for delivery is always indicated for the goods, if not, we deliver within 3 days of purchase. Should it not be possible to deliver the goods to the Buyer within this period, the Buyer will be notified within 7 working days of receipt of the order.
3. The goods ordered by the Buyer shall be delivered to the place of delivery specified in the order, in the manner specified by the Buyer, unless the goods are only available for personal collection.
4. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. 
5. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6. The Buyer agrees that the Seller shall provide the selected carrier with information concerning the Buyer to the extent necessary for proper delivery of the goods. 
7. In the case where the goods are transported by a carrier, the Buyer is obliged to check the integrity of the packaging upon receipt of the goods and in the event of any defects, immediately notify the carrier, with whom he will draw up a damage report. Incomplete or damaged shipment must be notified to the Seller immediately. In the event of damage to the packaging indicating unauthorized entry into the shipment, the Buyer may not accept the shipment from the carrier. 

Article IV. 
Prices and Payment for Goods

1. The price for the goods delivered by the Seller on the basis of the Buyer's order is set at the current price list on the website revolutioncycles.cz on the day the Buyer made the order. The price of goods is always quoted on www.revolutioncycles.cz including and excluding VAT and including all related fees required by law. The resulting price is always the price plus VAT. The Seller is entitled to unilaterally change the price of the goods, provided that the already concluded purchase contract will not be affected by such a price change.
2. Under the conditions set out in these General Terms and Conditions, the Seller will charge the Buyer for the cost of delivery of the goods to the Buyer in addition to the price of the goods, where the web interface of the shop also contains information on the costs associated with packaging and delivery of the goods. The information on the costs associated with packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic. 
3. By placing an order, the Buyer confirms agreement with the Seller's prices for the ordered goods and undertakes to pay the price for the ordered goods. 
4. The method of payment of the purchase price will be agreed in the purchase contract, following the buyer's choice made in his order, where the buyer has the option to choose from the following options:
   300. Cashless bank transfer to the Seller's account - bank connection: CSOB., account number: 272973172/0300. The order number is given as a variable symbol. The goods will be shipped to the Buyer after the amount of payment for the order is credited to the Seller's account,
   301. Cash on delivery - the customer pays the goods in cash on receipt from the contracted carrier.
   302. The Seller requires payment of the purchase price prior to the Buyer's acceptance of the goods. The Seller may require the Buyer to make a deposit or other similar payment, especially in cases where the goods are stated to be delivered "on order only".

Article V.
Transport, price of transport and delivery of goods

1. The Seller undertakes to deliver the ordered goods to the Buyer as soon as possible.
2. Prices for shipping are listed in the separate section Shipping and Payment.

Article VI. 
Claims for defects in the goods

1. The rights and obligations of the contracting parties regarding defective performance are governed by the relevant provisions of generally binding legal regulations, in particular the provisions of § 1914 to § 1925, § 2099 to 2112 and § 2161 to 2174 of the German Civil Code.
2. The Seller is liable to the Buyer, unless the Buyer is also an entrepreneur and it is clear from the circumstances at the time of conclusion of the contract that the purchase also relates to his business, in particular for the fact that at the time he took delivery of the goods:
   - the goods have the characteristics agreed between the parties and, in the absence of an agreement, the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them, 
   - the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used, 
   - the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen, 
   - the goods are in the appropriate quantity, measure or weight and comply with the requirements of the law. 
3. If a defective performance is delivered to the Buyer and a material breach of contract has occurred, the Buyer has the right to:
   - to remedy the defect by supplying a new item without the defect or by supplying the missing item, 
   - to remedy the defect by repairing the item, 
   - a reasonable discount on the purchase price, or 
   - to withdraw from the contract. 
   The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or notifies the Buyer that he will not remedy the defects, the Buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the Buyer fails to exercise his right in time, he shall have the same rights as in the case of an insignificant breach of contract (e.g. according to paragraph d. of this article). 
   
   1. If the defective performance is an insignificant breach of contract, the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price. As long as the Buyer does not exercise the right to a discount on the purchase price or does not withdraw from the purchase contract, the Seller may supply what is missing or remedy the legal defect. Other defects may be remedied by the Seller at its option by repairing the item or by supplying a new item. If the Seller fails or refuses to remedy the defect in a timely manner, the Buyer may demand a reduction in the purchase price or may withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent. 
   2. Upon delivery of a new item, the Buyer shall return the originally delivered item to the Seller at the Seller's expense. 
   3. If the Buyer does not notify the defect in time, he/she loses the right to withdraw from the purchase contract. 
   4. If the Buyer does not notify the defect without undue delay after he could have discovered it with timely inspection and sufficient care, the court shall not grant him the right to the defective performance. In the case of a latent defect, the same shall apply if the defect was not notified without undue delay after the Buyer could have discovered it with reasonable diligence, but at the latest within two years after the delivery of the goods.
4. The Buyer claims the rights from the defective performance at the Seller's address at his premises Dobřejovická 326, 252 43 PRŮHONICE, where the acceptance of the claim is possible with regard to the range of goods sold. The moment when the Seller receives the claimed goods from the Buyer shall be considered the moment of the claim.
5. The Seller has the right to refuse to accept the goods for claim in cases where the claimed goods and/or their components are contaminated or do not meet the basic prerequisites for hygienically safe submission of the goods for claim, unless the contamination is normal. 
6. In the case of a consumer's purchase of goods, if the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. 
7. The buyer-consumer is entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt. The provisions of this Article shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if this is apparent from the nature of the goods.

Article VII.
Withdrawal from the Contract

1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a purchase contract for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
2. If this is not the case referred to in paragraph 1 of this Article or in any other case in which the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code within fourteen (14) days of receipt of the goods, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the sample form received as an attachment to the order confirmation email. The Buyer may send the withdrawal from the Purchase Contract to the Seller's business address or to the Seller's e-mail address, among others.
3. In the event of withdrawal from the Purchase Contract pursuant to Article 2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.
4. In the event of withdrawal from the contract according to Article 2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract to the account filled in by the Buyer in the Withdrawal from Purchase Contract form. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or otherwise, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him. 
5. The Seller is entitled to unilaterally set off the claim for payment of damages to the goods against the Buyer's claim for reimbursement of the purchase price.
6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
7. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller. 

Article VII. 
Special Provisions for the Purchase of Goods by a Consumer 

1. In the case where the purchase contract is concluded by means of distance communication, the Buyer, who is a consumer in accordance with the provisions of § 1829 para. In the case where the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent by the Buyer within the period specified in the previous sentence to the Seller's registered office address or to the Seller's e-mail address, which are specified in Article VIII of these General Terms and Conditions.
2. In the event of withdrawal from the Purchase Contract pursuant to this Article, the Purchase Contract shall be cancelled from the outset. The Consumer is obliged to return the intact Goods in complete condition to the Seller, bearing the costs associated with the return of the Goods to the Seller, even if the Goods cannot be returned due to their nature by the usual postal route.
3. In the event that the Buyer withdraws from the Purchase Contract according to the previous paragraph, the Seller shall return the funds received from the Buyer within 14 days of the Buyer's withdrawal from the Purchase Contract in the same manner as received from the Buyer, unless otherwise agreed.  At the same time, the Seller is entitled to return the performance provided to him by the Buyer already when the Buyer returns the goods or in another way, if the Buyer agrees to this and does not incur additional costs to the Buyer.  If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him or proves that he has sent the goods to the Seller.
4. In order to be accepted back by the Seller in the event of withdrawal, the goods must not be damaged in any way or show signs of use or wear.
5. The consumer acknowledges that it is not possible to withdraw from a contract for the supply of goods that have been modified according to the consumer's wishes or for the consumer's person, among other things, within the meaning of Section 1837 of the Civil Code.

Article VIII. 
Contact details 

The Seller's contact details are: 
Bike Park s.r.o., ID: 28175697
registered office: Dobřejovická 326, 252 43 Průhonice.
      
Tel: +420 736 767 885
e-mail: kontakt@revolutioncycles.cz

Article IX. 
Protection of Personal Data

1. The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of this Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document.

Article X. 
Sending commercial communications and storing cookies

1. The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's electronic address and further agrees to receive commercial communications from the Seller at the Buyer's electronic address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
2. The buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw consent according to the previous sentence at any time.

Article XI. 
Final Provisions 

1. These General Terms and Conditions of the Seller are valid in the wording specified on the Seller's website revolutioncycles.cz on the day of conclusion of the purchase contract. The Buyer reserves the right to change the wording of the General Terms and Conditions.
2. In the event that the consumer is a contracting party, the relations not regulated by the Terms and Conditions of the Commercial Code and Act No. 634/1992 Coll., on Consumer Protection, shall govern. If the contracting party is an entrepreneur, the relations not governed by the terms and conditions of the Commercial Code. 
3. The Seller declares that he has a valid trade licence to sell goods on revolutioncycles.cz. In accordance with the provisions of § 1820 paragraph 1 of the Civil Code, the Seller informs that the consumer may address the controlling authority, which is the Czech Trade Inspection Authority, with an out-of-court complaint. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation. Control over compliance with the Trade Licensing Act is carried out by the competent trade licensing authority. Control over compliance with the protection of personal data is carried out by the Office for Personal Data Protection.
4. Purchase contracts are archived by the seller from their conclusion onwards, even after they have been fulfilled. Purchase contracts are archived in the form in which they were concluded. Access to the archived purchase contracts shall be exclusive to the Seller or to the entity authorised by the Seller to archive them. They shall not be entitled to disclose the contracts to third parties, except in the event of a legal obligation to do so.
5. These General Terms and Conditions are valid and effective from 1.1.2024.